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HART v. CITY OF ALBUQUERQUE

No. 19026.

975 P.2d 366 (1999)

126 N.M. 366

1999-NMCA-043

Charles HART, Petitioner-Appellee, v. CITY OF ALBUQUERQUE, a New Mexico Municipal Corporation, Respondent-Appellant.

Court of Appeals of New Mexico.

January 21, 1999.

Attorney(s) appearing for the Case

Susan K. Barger, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for Appellee.

Robert M. White, City Attorney, David Suffling, Ass't City Attorney, Albuquerque, for Appellant.

OPINION

WECHSLER, Judge.

{1} The City of Albuquerque (City) appeals the decision of the district court ordering the City Council to grant Mark Yancey's1 requested zoning change from residential to commercial and finding that the City Council's decision is not supported by substantial evidence. The City contends that the district court exceeded its scope of review for a zoning appeal and that substantial evidence supports the...

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